Mechirah - Chapter Nine

The following rules apply when a person sells an article to the Temple treasury. If the representative of the treasury asks him: "How much are you selling it for?" and the person says: "Ten zuz" even if it is worth 100, once he said ten he cannot retract. For making a promise to the Most High is considered equivalent to transferring the article in question to the possession of a colleague.

Whether a representative of the treasury buys or sells an article, he is always given the upper hand if there is a fluctuation in the article's value.

What is implied? If the representative paid with money from the Temple treasury, but did not perform meshichah on the produce, although the value of the produce increases, the Temple treasury nevertheless acquires the produce, as prescribed by Scriptural Law. If the value of the produce decreases, the Temple treasurer may retract, for he did not perform meshichah, and the legal power of an ordinary person should not be greater than that of the Temple treasury.

Similarly, if the Temple treasurer sold an article that had been consecrated, the purchaser performed meshichah, but did not pay for it, and then the value of the article decreases, the transaction is finalized. For the legal power of an ordinary person should not be greater than that of the Temple treasury. If the value of the article increases, the representative of the treasury may retract, for he did not accept payment, and consecrated articles may be acquired only through the payment of money, as implied by the verse: "And he shall give the money and it will be established as his." The representative of the treasury is not liable to receive the adjuration mi shepara.

Property belonging to orphans is governed by the same rules as those governing the Temple treasury.

What is implied? When orphans sell produce, and meshichah is performed on the produce, but they have not yet received the money for it, they may retract from the agreement if the value of the produce increases. For like consecrated property, property belonging to orphans can be acquired only through the transfer of money.

If the value of the produce decreases the transaction should be allowed to stand. For the legal power of an ordinary person should not be greater than the legal power of orphans.

Similarly, if orphans received payment, but meshichah was not performed on their produce before it increased in value, they may retract as may ordinary individuals. If, however, the value of the produce decreased and the purchasers desire to retract, they may do so, but they must receive the adjuration mi shepara, as would be the law with regard to others.

They are allowed to retract because if we required them to keep the produce, as would be required by Scriptural Law, this would be a disservice to the orphans. For if this were the law, when the orphans desire to sell an object, they would never find anyone who would be willing to pay them money unless the object were handed over first.

Similar principles apply if orphans purchase produce and perform meshichah on the produce, but have not yet paid for it. If the value of the produce increases, the legal power of an ordinary person should not be greater than their legal power. Therefore, the transaction should be allowed to stand.

If the value of the produce decreases, they are not allowed to retract. For this would be a disservice to them. If they were given this privilege, should they desire to purchase produce, they would not find anyone who would sell it to them before they made payment.

If the orphans paid for produce but did not perform meshichah, and then the value of the produce decreases, they may retract, for the legal power of an ordinary person should not be greater than their legal power. If the value of the produce increases, the sellers may retract if they desire and receive the adjuration mi shepara. For if the law were that the orphans acquire the produce by the payment of money, the seller would tell them that the produce was destroyed by fire or another factor beyond human control after the produce entered their property, at the time payment was made.

On four occasions during the year, our Sages restricted their enactments and applied Scriptural Law with regard to the purchase of meat, for on these days, all people need meat. The times are the day before Shemini Atzeret, the day before the first day of Pesach, the day before Shavuot and the day before Rosh HaShanah.

What is implied? If a butcher had a steer that was worth even 100 dinarim, and he took one dinar from the purchaser in exchange for meat that he would slaughter, he cannot retract, even if enough money is not collected to pay for the entire value of the steer. Instead, the butcher is compelled to slaughter against his will. He is forcibly made to slaughter the steer and provide the purchaser with meat.

For this reason, if the steer dies before being ritually slaughtered, the purchaser suffers the loss.